The § 367 Cross-Border Transfer Rules Seem to Counteract Other

question 88

Essay

The § 367 cross-border transfer rules seem to counteract other favorable tax provisions that allow the taxpayer to defer gross income (e.g. §§ 351 and 368.) What is the rationale for eliminating this deferral? Provide two examples of transactions to which § 367 would apply.

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Definitions:

Self-determination theory

A psychological theory of motivation that emphasizes the importance of autonomy, competence, and relatedness in fostering well-being.

Basic psychological needs

Fundamental requirements for mental well-being, such as the need for autonomy, competence, and relatedness.

Autonomy

The ability or right of individuals to make their own choices and control their own lives.

Integrity

The quality of being honest and having strong moral principles; moral uprightness.